S.Amdt. 4170

SA 4170. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 1253. COUNTERING CHINA'S PROLIFERATION OF BALLISTIC
MISSILES AND NUCLEAR TECHNOLOGY TO THE MIDDLE-
EAST.

(a) MTCR Transfers.--Not later than 30 days after the date
of the enactment of this Act, the President shall submit to
the appropriate committees of Congress a written
determination, and any documentation to support that
determination detailing--
(1) whether any foreign person in China knowingly exported,
transferred, or engaged in trade of any item designated under
Category I of the MTCR Annex to any foreign person in the
previous three fiscal years; and
(2) the sanctions the President has imposed or intends to
impose pursuant to section 11B(b) of the Export
Administration Act of 1979 (50 U.S.C. 4612(b)) against any
foreign person who knowingly engaged in the export, transfer,
or trade of that item or items.
(b) China's Nuclear Fuel Cycle Cooperation.--Not later than
30 days after the date of the enactment of this Act, the
President shall submit to the appropriate committees of
Congress a report detailing--
(1) whether any foreign person in China engaged in
cooperation with any other foreign person in the previous
three fiscal years in the construction of any nuclear-related
fuel cycle facility or activity that has not been notified to
the IAEA and would be subject to complementary access if an
Additional Protocol was in force; and
(2) the policy options required to prevent and respond to
any future effort by China to export to any foreign person an
item classified as ``plants for the separation of isotopes of
uranium'' or ``plants for the reprocessing of irradiated
nuclear reactor fuel elements'' under Part 110 of the Nuclear
Regulatory Commission export licensing authority.
(c) Form of Report.--The determination required under
subsection (a) and the report required under subsection (b)
shall be unclassified with a classified annex.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the House of
Representative; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) Foreign person; person.--The terms ``foreign person''
and ``person'' mean--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
(C) any foreign governmental entity operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
______